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US Immigration Overview (cont.)
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page 1
Extending your stay in the US
There are many instances that can arise that
mean you may require more time in the U.S. than that which is
allowed with your current visa. The U.S. immigration service recognizes
this and as long as you apply for an extension before the expiration
date on your I-94 Arrival/Departure record in your passport, and
have a legitimate reason for doing so, your application will be
considered. You need to ensure that you mail your application
(and the fee) to the USCIS
(U.S. Citizenship and Immigration Services) center in your area,
and that it is received before the expiration date of your visa.
Persons who have entered the U.S. on a non-immigration visa, or
under the Visa Waiver Program, are not permitted to extend their
stay in this manner. |
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Immigrating to the USA
By
Dan Danilov
A practical, easy-to-understand book, written by an experienced immigration lawyer, gives you the information you need to ensure an easy and hassle-free entry into the country. Highly recommended
reading.
Click here for more information
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US Short-Term Visa or Temporary
Employment Visa
H1-B Temporary Professionals
The H1-B visa provides entry to the U.S. for skilled professionals
who have a temporary offer of employment from a U.S. company and
where the applicant’s profession is listed as a ‘specialty
occupation’ by the Immigration and Nationality Act. The U.S.
company must first file a visa petition on the applicant’s
behalf and ensure that an offer of employment is made to the applicant.
Each year there is an upper limit cap placed on the number of applicants
who can be granted entry to the U.S. under this visa so the petition
can be refused solely on the number of previous applicants awarded
the visa that year. Once the company has successfully filed a petition
for the visa, the petition is forwarded to the local U.S. Consul
or Embassy where the applicant lives, and the applicant then applies
there for his/her H1-B Visa.
In order for an applicant to successfully apply for a H1-B visa,
they must have an offer of employment from a U.S. company, have
a successful petition for the H1-B visa made by the company on their
behalf, and hold the necessary educational and occupational experience.
It may be necessary for the applicant to have his/her educational
qualifications assessed to determine that they are of the same standard
as a B.A. or B.S. degree from an American University. If the applicant
is in a profession that requires licencing (such as nursing or teaching)
then the applicant must be able to meet those licencing requirements
immediately upon entering the U.S., and be available to work immediately.
The employer has their own set of conditions and requirements that
they must meet also to lodge a successful petition. They must meet
minimum wage and conditions criteria regarding the applicant's employment,
and are legally obliged to cover their return airfare should early
termination of their employment occur.
H1-B visas can be issued for periods up to 3 years, and can be renewed
from within the U.S.
L-1 Intra-Company Transfer
Employees who have been employed continuously for at least one year
within the last three years for a company that has representation
in the U.S. may apply for a L-1 Company Transfer Visa to enter the
U.S. and continue to work for that company. The applicant must hold
a position within the company that is executive, managerial or of
a specialised nature. Management applicants must be in the upper-tier
of management within the company. Middle-management do not qualify
unless they can demonstrate specialised knowledge related to the
company and the role they play within that company. If the U.S.
branch of the company has not been set up yet, the company will
have to procure premises and a licence to operate as a business
in the locality that they wish to do business before the applicant
can apply for a L-1 visa.
The L-1 visa is normally issued for a period of up to three years,
and this can be extended from within the U.S. for up to a maximum
of seven years (or five years if you are applying under the specialised
worker category of L-1). If the applicant is entering the U.S. to
establish a new branch or office of the company, the permit will
only be granted for a period of one year. At that time the immigration
service will determine the progress of the company branch and decide
if an extension will be granted. Many factors will go into that
determination so professional advice should always be sought.
E-1 Trader / E-2 Investor
The E-1 and E-2 category of visa allow for businesspersons to enter
the U.S. to foster or establish long-term business ventures inside
or with the U.S. These visas are only available however to citizens
of countries that have entered into economical and commercial agreements
with the U.S.A. The visas can be either for the principal applicant
or for senior management in the employ of that company. In all cases,
the company or the principal applicant must be from a country that
has such an agreement with the U.S.
For the E-1 Trader, the business of trade must be of sufficient
scope and primarily be between the U.S. and the country from which
the principal applicant resides. Indications are that at least 51%
of the trade the company carries out must be between the U.S. and
the applicant’s home country. Sufficient volume of activity
must also be carried out to satisfy immigration officials.
For the E-2 Investor category the applicant must invest in a legal
and legitimate business or venture and the investment funds should
be substantial in nature. While there is no definitive figure that
is required for the size of the investment, US$75,000 is generally
regarded as the minimum. How the money is invested will play a part
in the success of the applicant’s visa application. Money
must be invested in such a manner as to expect a return on that
investment, and the applicant must be coming to the U.S. to direct
the operation of that investment. Generally speaking, the applicant
must have at least a 51% share holding of the company that they
are investing in.
The E-1 and E-2 visa can be issued for up to 5 years but may be
issued for a shorter period of time. Extensions can be granted from
within the U.S. assuming immigration requirements under the E-1
and E-2 visa category continue to be met. |
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